Estate beneficiaries were not entitled to notice when the personal representative’s amended final accounting, changed as ordered by the court after notice and a hearing, was filed and approved by the court.
Civil
Lacy-McKinney v. Taylor, Bean & Whitaker Mortgage Corp., No. 71A03-0912-CV-587, __ N.E.2d __ (Ind. Ct. App., Nov. 19, 2010)
“HUD [mortgage] servicing responsibilities . . . are binding conditions precedent that must be complied with before a mortgagee has the right to foreclose on a HUD property.”
Lombardi v. Vandeusen, No. 10A01-0910-CV-491, __ N.E.2d __ (Ind. Ct. App., Nov. 22, 2010)
Trial court erroneously concluded jurisdiction to modify support was not properly with Illinois court under UIFSA; ex parte pre-hearing conference, from which pro se obligee was excluded despite request to attend, at which evidence was discussed and documents were exchanged violated due process and results in opinion’s directing that case be assigned to a different judicial officer on remand.
Carter v. Grace Whitney Properties, No. 82A04-1003-SC-177, __ N.E.2d __ (Ind. Ct. App., Nov. 23, 2010)
Local rules authorizing contempt to enforce “personal order of garnishment,” an order to debtor to pay a money judgment in installments, violates Indiana Constitution; “personal orders of garnishment” may be used to compel debtor to apply property creditor shows is not exempt from execution; creditor may not use successive proceedings supplemental without showing new facts giving rise to belief the judgment debtor has property or income to satisfy the judgment.
K. L. v. M. H., No. 41A01-1003-JP-145, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2010)
Trial court did not err in appointing parenting time coordinator sua sponte when parties did not object and record was undisputed parents could not cooperate enough to independently implement parenting time schedule.